Atlantic Legal Foundation
Encyclopedia
Established in 1977, Atlantic Legal Foundation is a nonprofit, nonpartisan public interest
law firm
with a history of advocating for individual liberty
, limited and efficient government, free enterprise
, sound science in the courtroom and school choice
. http://www.metrocorpcounsel.com/current.php?artType=view&EntryNo=5851 Atlantic Legal provides legal representation, without fee, to individuals, corporations, trade associations, parents, scientists and educators.http://www.atlanticlegal.org/
The Foundation’s leadership includes current and retired chief legal officer
s of some of the nation’s largest corporations, partners of major law firms and distinguished scientists and educators.
in the United States Constitution
. In Schain v. Schmidt, (10-1191), Atlantic Legal came to the defense of Students at Brooklyn College
, who are challenging the legality and adequacy of the mandatory $5 a semester student fee charged by City University of New York
(CUNY) in support of the New York Public Interest Research Group
. On September 23, 2010 the Court of Appeals, Second Circuit upheld the dismissal of the case by the District Court, stating the “neither a facial nor an as-applied challenge to these regulations was presented in a manner sufficient to survive summary judgment” . However, on January 24, 2011 Atlantic Legal filed an amicus
brief on behalf of the Plaintiff
s, claiming the refund mechanism was faulty thereby allowing NY-PIRG to receive a give in the form of interest free short term loans. The Atlantic Legal foundation has also challenged court rulings in similar cases, including Scheffer v. Civil Sercive Employees, Local 828 (10-719) and United States v. Joseph Collins (10-1048) .
. They have challenged class action
lawsuits against corporations where abuse of procedure may have occurred. This ideal is based off the belief that “corporate accountability is best secured by the personal choices of customers and investors”. Such cases include Ruben v. Honeywell International Inc (BC396559), and Wal-Mart Stores, Inc. v. Betty Dukes, ET AL. (10-277)., where Atlantic Legal has filed briefs on behalf of Honeywell and Wal-Mart to ensure the courts use proper procedure, including due process rights, while hearing the cases.
.
in toxic tort
, product liability
and other litigation. Atlantic Legal fights the admissibility of “junk” science. ALF has an advisory board of 18 members, including 6 Nobel Laureates such as James Watson
and Nicolaas Bloembergen
. In a leading case
on this subject, Daubert v. Merrell Dow Pharmaceuticals, in the Supreme Court of the United States
of America, the majority opinion
cited the Foundation’s friend of the court
brief in its decision that set the evidentiary standard for expert scientific testimony in federal courts
. Other important supreme court cases where AFL’s Amicus brief affected the outcome include Joiner v. General Electric and Kumho Tire Co. v. Carmichael; in all three cases the “AFL convinced the high court that the judiciary should use high standards in determining which scientific evidence is admissible, succeeding in having plaintiff’s scientific experts deemed unsuitable”.
, Catle Rock Foundation, John M. Olin Foundation
and the Phillip M. McKenna Foundation have been active contributors to the firm for over a decade.
Public interest
The public interest refers to the "common well-being" or "general welfare." The public interest is central to policy debates, politics, democracy and the nature of government itself...
law firm
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...
with a history of advocating for individual liberty
Liberty
Liberty is a moral and political principle, or Right, that identifies the condition in which human beings are able to govern themselves, to behave according to their own free will, and take responsibility for their actions...
, limited and efficient government, free enterprise
Free enterprise
-Transport:* Free Enterprise I, a ferry in service with European Ferries between 1962 and 1980.* Free Enterprise II, a ferry in service with European Ferries between 1965 and 1982....
, sound science in the courtroom and school choice
School choice
School choice is a term used to describe a wide array of programs aimed at giving families the opportunity to choose the school their children will attend. As a matter of form, school choice does not give preference to one form of schooling or another, rather manifests itself whenever a student...
. http://www.metrocorpcounsel.com/current.php?artType=view&EntryNo=5851 Atlantic Legal provides legal representation, without fee, to individuals, corporations, trade associations, parents, scientists and educators.http://www.atlanticlegal.org/
The Foundation’s leadership includes current and retired chief legal officer
Chief Legal Officer
A chief legal officer is the highest-ranking corporate officer concerning legal affairs of a corporation or agency. Chief legal officers typically hold the title of general counsel.- Skill requirements :...
s of some of the nation’s largest corporations, partners of major law firms and distinguished scientists and educators.
Constitutional issues
Atlantic Legal has participated in cases involving the capricious exercise of governmental power, especially in cases relating to the infringement of freedoms granted by the Bill of RightsUnited States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
in the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. In Schain v. Schmidt, (10-1191), Atlantic Legal came to the defense of Students at Brooklyn College
Brooklyn College
Brooklyn College is a senior college of the City University of New York, located in Brooklyn, New York, United States.Established in 1930 by the New York City Board of Higher Education, the College had its beginnings as the Downtown Brooklyn branches of Hunter College and the City College of New...
, who are challenging the legality and adequacy of the mandatory $5 a semester student fee charged by City University of New York
City University of New York
The City University of New York is the public university system of New York City, with its administrative offices in Yorkville in Manhattan. It is the largest urban university in the United States, consisting of 23 institutions: 11 senior colleges, six community colleges, the William E...
(CUNY) in support of the New York Public Interest Research Group
New York Public Interest Research Group
The New York Public Interest Research Group is a New York State-wide non-partisan political organization. It has existed since 1973. Its current executive director is Rebecca Weber and its founding director was Donald K. Ross. Blair Horner was its Legislative Director for many years.NYPIRG is...
. On September 23, 2010 the Court of Appeals, Second Circuit upheld the dismissal of the case by the District Court, stating the “neither a facial nor an as-applied challenge to these regulations was presented in a manner sufficient to survive summary judgment” . However, on January 24, 2011 Atlantic Legal filed an amicus
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
brief on behalf of the Plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
s, claiming the refund mechanism was faulty thereby allowing NY-PIRG to receive a give in the form of interest free short term loans. The Atlantic Legal foundation has also challenged court rulings in similar cases, including Scheffer v. Civil Sercive Employees, Local 828 (10-719) and United States v. Joseph Collins (10-1048) .
Corporate Governance
The Corporate Governance Program was established to advocate against intrusive regulation of business and advocates for responsible corporate governanceCorporate governance
Corporate governance is a number of processes, customs, policies, laws, and institutions which have impact on the way a company is controlled...
. They have challenged class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
lawsuits against corporations where abuse of procedure may have occurred. This ideal is based off the belief that “corporate accountability is best secured by the personal choices of customers and investors”. Such cases include Ruben v. Honeywell International Inc (BC396559), and Wal-Mart Stores, Inc. v. Betty Dukes, ET AL. (10-277)., where Atlantic Legal has filed briefs on behalf of Honeywell and Wal-Mart to ensure the courts use proper procedure, including due process rights, while hearing the cases.
Position Papers
Atlantic Legal regularly publishes papers considering legal issues of public concern: for example, inadequate judicial compensation and its impact on the New York economy, the need for a restructuring of New York’s court system and correcting weaknesses in law school curricula. http://www.atlanticlegal.org/Judge_KAYE.pdfSchool Choice
Atlantic Legal’s work in this area is focused on supporting charter schools. A major part of this effort is publishing a series of state law guides to educate charter school leaders in combating organizing campaigns of labor unions. The Foundation has evaluated and proposed reforms in New York’s burdensome charter renewal procedures and has counseled many charter schools when they have been challenged by those reluctant to change the status quoStatus quo
Statu quo, a commonly used form of the original Latin "statu quo" – literally "the state in which" – is a Latin term meaning the current or existing state of affairs. To maintain the status quo is to keep the things the way they presently are...
.
Sound Science
The public interest law firm Atlantic Legal’s Sound Science program advocates for the admissibility of sound medical and expert testimonyExpert witness
An expert witness, professional witness or judicial expert is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally...
in toxic tort
Toxic tort
A toxic tort is a special type of personal injury lawsuit in which the plaintiff claims that exposure to a chemical caused the plaintiff's injury or disease.-Different types:...
, product liability
Product liability
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause...
and other litigation. Atlantic Legal fights the admissibility of “junk” science. ALF has an advisory board of 18 members, including 6 Nobel Laureates such as James Watson
James Watson
James Watson is the name of:*James Watson , British film and television actor*James Watson , United States Senator from New York...
and Nicolaas Bloembergen
Nicolaas Bloembergen
Nicolaas Bloembergen is a Dutch-American physicist and Nobel laureate.He received his Ph.D. degree from University of Leiden in 1948; while pursuing his PhD at Harvard, Bloembergen also worked part-time as a graduate research assistant for Edward Mills Purcell at the MIT Radiation Laboratory...
. In a leading case
Landmark decision
Landmark court decisions establish new precedents that establish a significant new legal principle or concept, or otherwise substantially change the interpretation of existing law...
on this subject, Daubert v. Merrell Dow Pharmaceuticals, in the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
of America, the majority opinion
Majoritarianism
Majoritarianism is a traditional political philosophy or agenda which asserts that a majority of the population is entitled to a certain degree of primacy in society, and has the right to make decisions that affect the society...
cited the Foundation’s friend of the court
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
brief in its decision that set the evidentiary standard for expert scientific testimony in federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
. Other important supreme court cases where AFL’s Amicus brief affected the outcome include Joiner v. General Electric and Kumho Tire Co. v. Carmichael; in all three cases the “AFL convinced the high court that the judiciary should use high standards in determining which scientific evidence is admissible, succeeding in having plaintiff’s scientific experts deemed unsuitable”.
Funding
The Atlantic Legal Foundation is a non-profit 501 (c)3 foundation that relies on grants from corporations, private foundations, law firms and personal donations. Their annual operating budget is around $500,000 . The Sarah Scaife FoundationSarah Scaife Foundation
The Sarah Scaife Foundation is one of the American Scaife Foundations. It is controlled by Richard Mellon Scaife. The foundation does not award grants to individuals. It concentrates its efforts towards causes focused on public policy at a national and international level...
, Catle Rock Foundation, John M. Olin Foundation
John M. Olin Foundation
John M. Olin Foundation was a grant-making foundation established in 1953 by John M. Olin, president of the Olin Industries chemical and munitions manufacturing businesses. Unlike most non-profit foundations, the John M. Olin Foundation was charged to spend all of its assets within a generation of...
and the Phillip M. McKenna Foundation have been active contributors to the firm for over a decade.